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Title 26 — Internal Revenue Code

Chapter 76 — Judicial Proceedings

§ 7427. Tax return preparers

Statutory text

In any proceeding involving the issue of whether or not a tax return preparer has willfully attempted in any manner to understate the liability for tax (within the meaning of section 6694(b)), the burden of proof in respect to such issue shall be upon the Secretary.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 94–455 title XII § 1203(b)(2)(A) · 90 Stat. 1520

    Enacted · 26 U.S.C. § 7427

    Added Pub. L. 94–455, title XII, § 1203(b)(2)(A), Oct. 4, 1976, 90 Stat. 1690

    Source evidence

    Code source credit
    Added Pub. L. 94–455, title XII, § 1203(b)(2)(A), Oct. 4, 1976, 90 Stat. 1690

    Enacted provision · exact public law section
    (A) Subchapter B of chapter 76 (relating to proceedings by taxpayers and third parties) is amended by redesignating 26 USC 7428. section 7427 as section 7428 and by inserting after section 7426 the following new section: “SEC. 7427. INCOME TAX RETURN PREPARERS. “In any proceeding involving the issue of whether or not an income tax return preparer has willfully attempted in any manner to understate Ante, p. 1689. the liability for tax (within the meaning of section 6694(b)), the burden of proof in respect to such issue shall be upon the Secretary.”

  2. Small Business and Work Opportunity Tax Act of 2007

    Pub. L. 110–28 title VIII § 8246(a)(2)(J)(i) · 121 Stat. 112

    1. Substituted · 26 U.S.C. § 7427

      Pub. L. 110–28 substituted “Tax return preparers” for “Income tax return preparers” in text

    2. Substituted · 26 U.S.C. § 7427

      Pub. L. 110–28 substituted “a tax return preparer” for “an income tax return preparer” in text

    Source evidence

    Code amendment note
    Pub. L. 110–28 substituted “Tax return preparers” for “Income tax return preparers” in section catchline and “a tax return preparer” for “an income tax return preparer” in text.

    Enacted provision · exact public law section
    (i) Section 7427 is amended— (I) by striking “income tax return preparers” in the heading and inserting “tax return preparers”, and (II) by striking “an income tax return preparer” and inserting “a tax return preparer”.

    Effective date note
    Amendment by Pub. L. 110–28 applicable to returns prepared after May 25, 2007, see section 8246(c) of Pub. L. 110–28, set out as a note under section 6060 of this title.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 7427 was renumbered 7437 of this title.

Amendments

2007—Pub. L. 110–28 substituted “Tax return preparers” for “Income tax return preparers” in section catchline and “a tax return preparer” for “an income tax return preparer” in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–28 applicable to returns prepared after , see section 8246(c) of Pub. L. 110–28, set out as a note under section 6060 of this title.

Credits

1976–2007 · 2 acts
  1. 1976Added Pub. L. 94–455, title XII, § 1203(b)(2)(A), , 90 Stat. 1690
  2. 2007amended Pub. L. 110–28, title VIII, § 8246(a)(2)(J)(i), , 121 Stat. 202.
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(Added Pub. L. 94–455, title XII, § 1203(b)(2)(A), , 90 Stat. 1690; amended Pub. L. 110–28, title VIII, § 8246(a)(2)(J)(i), , 121 Stat. 202.)

Parsed from the official OLRC USLM XML in data/usc_all/usc26.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t26/s7427